Madrid (EFE) with the law of only yes is yes because this rule came into force five days later.
With these arguments, the Madrid Prosecutor’s Office has archived the investigation that it opened for the insults that a group of residents of this hall of residence -who were expelled after the video went viral on networks- launched on October 2 of last year against students from another nearby center, the Santa Monica residence hall.
The video showed how one of the residents leaned out of one of the windows of the hall of residence and from there, shouting insults at the students: “Whores, come out of your burrows like rabbits, you are nymphomaniac whores, I promise you are going to fuck all in the capea, let’s go Ahuja!
Then the blinds of all the rooms on the seven floors of one of the school’s facades were raised in unison and the students who were leaning out began to chant.
widespread rejection
The investigation opened by the Complutense University and the multiple signs of rejection from various sectors of society was joined by the Prosecutor’s Office, which initiated investigative proceedings to determine if there was a hate crime after the presentation of a complaint filed by the Movement against Intolerance .
After months of investigation, it has finally concluded that, although these expressions were “disrespectful and insulting to women” and attacked their dignity, they do not fit into that criminal category, nor do they fit into a crime against moral integrity because “there is no record that any of the women who were in the residence have denounced the facts.”
Nor can they be punished with the new article 173.4 of the Penal Code that introduced the Law for the Comprehensive Guarantee of Sexual Freedom, known as the law of only yes is yes, because this rule came into force five days after the events, says the Prosecutor’s Office.
The Government delegate against Gender Violence, Victoria Rosell, already announced days after the scandal that these events would be considered a crime under this law if it had been in force.
These behaviors are punished in article 173.4 of the Criminal Code, introduced by this rule, which, according to the Prosecutor’s Office, punishes “those who address another person with expressions, behaviors or propositions of a sexual nature that create an objectively humiliating situation for the victim.” , hostile or intimidating, without constituting other crimes of greater seriousness”.